Q: Can a person be charged 2nd offense if the 1st offense was over 10 years ago in New Mexico
A: I believe what you are asking is related to DWI charges? If that is correct then the answer to the general question is yes. Prior DWIs do not “expire” or become unusable after ten years. Assuming that the state can present proper evidence of the prior. There are also ways to collaterally attack a prior DWI. You would need an attorney to thoroughly review the alleged prior conviction in order to properly assess whether the state can properly prove a prior.
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